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DR0301-CN030716ok o3-01 OLDEN PROFESSIONAL SERVICES, LP Earth Retention Engineering AUTHORIZATION FOR PROFESSIONAL SERVICES PROJECT SHADOW RIDGE ESTATES RETAINING WALL (DR 03 -01) PROJECT RFQ 4330 NAME 252 PLANTATION DRIVE - COPPELL, TEXAS NUMBER CLIENT THE CITY OF COPPELL ADDRESS 255 Parkway Coppell, Texas 75019 Hereby requests and authorizes Olden Professional Services, LP to perform the following services: SCOPE OF SERVICES: 1. FIELD RECONNAISSANCE /SURVEY Conduct field reconnaissance of project area including cursory survey of existing landscape timber retaining wall, concrete headwall and pilot channel and affected trees. 2. CIVIL / S TRUCTURAL D ESIGN — Determine h orizontal /vertical I ocation, I imits and h eight of p roposed g abion retaining wall to be constructed in front of the existing wall. Perform stability analysis to determine cross - sectional design of p roposed g abion retaining wall including a ny required a xternal s tabilizing a lements s uch a s g eogrid reinforcement or tiebacks. 3. DRAWINGS AND SPECIFICATIONS — Prepare construction drawings using AutoCAD that detail proposed gabion retaining wall including plan and section views as well as pertinent details. Furnish original sealed copy of construction drawings in size /format acceptable to the Client. Furnish electronic version of any pertinent technical specifications (if not included on drawing) in MS Word format. 4. PAY ITEM DESCRIPTIONS AND QUANTITY SCHEDULE — Furnish pay item descriptions and estimated quantities for the specified improvements. 5. AS -BUILT RECORD DRAWINGS — Furnish record drawings depicting the actual constructed improvements upon completion of the project. Compensation to be a fixed fee of Five Thousand Three Hundred Eighty and No/100 Dollars ($5,380.00) PROVISIONS Services covered by this authorization shall be performed in accordance with the following PROVISIONS. 1. Compensation for services requested by the Client in addition to those listed above will be on an hourly basis in accordance with Exhibit A attached. 2. Signing this form shall be construed as authorization by Client for OPS to proceed with scope of services as outlined above. P.O. Box 5000 0 Little Elm, Texas 75068 Dallas 972- 294 -5000 1- 800 - 422 -4667 Fax: 972 - 294 -2664 Authorization for Professional Services 7/4/2003 Shadow Ridge Retaining Wall — Coppell, Texas Exhibits: A. Standard Hourly Billing Rate and Fee Schedule B. Standard Terms and Conditions to Contract for Engineering Services This proposal, including all above exhibits has been read and understood and is hereby agreed to and accepted. It is agreed that the attached "Standard Terms and Conditions to Contract for Engineering Services" (which contains a limited liability provision), and Addendum(s), if any, form an express part of the contract, as evidenced by my signature below: Approved for: CITY OF COPPELL By: Ji tt Title: City Manager Date: '14 - & Accepted for: OLDEN PROFESS NAL SE;R /I ES, LP By: Clark, P.E. Title: Senior Engineer Date: July 4, 2003 F L ED PROFESSIONAL SERVICES, LP Earth Retention Engineering EXHIBIT " A " STANDARD HOURLY BILLING RATES AND FEE SCHEDULE The following hourly rates apply through December 31, 2003. Senior Engineer $115.001 hour Project Engineer $85.001 hour Graduate Engineer $70.00 / hour Senior Civil Technician 1 CADD Operator $55.001 hour Civil Technician $45.00 / hour Construction Inspection (including driving time) $90.001 hour Secretarial / Word Processing $45.001 hour P.O. Box 5000 Little Elm, Texas 75068 0 Dallas 972- 294 -5000 0 1 -800- 422 -4667 Fax: 972 - 294 -2664 EXHIBIT "B" STANDARD TERMS AND CONDITIONS TO CONTRACT FOR ENGINEERING SERVICES OLDEN PROFESSIONAL SERVICES, LP These Standard Terms and Conditions are incorporated by reference into the agreement between OLDEN PROFESSIONAL SERVICES, LP (hereinafter "OPS ") and its client, THE CITY OF COPPELL, TEXAS (hereinafter "Owner ") for the performance of engineering services. These Standard Terms and Conditions are fully binding upon Owner just as if they were fully set forth in the body of the agreement, and shall supersede any term or provision elsewhere in the agreement in conflict therewith: The standard care for all professional engineering and related services performed or furnished by OPS under this Agreement will be the care and skill ordinarily used by members of OPS's profession practicing under similar circumstances at the same time and in the same locality. OPS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, UNDER THIS AGREEMENT OR OTHERWISE, IN CONNECTION WITH ENGINEER'S SERVICES. 2. OPS shall perform or furnish professional engineering and related services in all phases of the Project to which this Agreement applies. OPS shall serve as Owner's prime professional for the Project. OPS may employ such other Consultants as OPS deems necessary to assist in the performance or furnishing of the services. OPS shall not be required to employ any Consultant unacceptable to OPS. 3. OPS shall comply with applicable Laws or Regulations. This Agreement is based on these requirements as of its Effective Date. Changes to these requirements after the Effective Date of this Agreement may be the basis for modifications to Owner's responsibilities or to OPS's scope of services, times of performance, or compensation. 4. Owner shall be responsible for, and OPS may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data and other information furnished by Owner to OPS pursuant to this Agreement. OPS may use such requirements, reports, data, and information in performing or furnishing service under this Agreement. 5. OWNER'S RESPONSIBILITIES: The Owner shall provide OPS with all available information relating to the Project which OPS may request, including surveys, soils investigations, and program data. If the Owner becomes aware of any fault or defect in the Project or OPS's services, it shall promptly notify OPS. The Owner shall furnish available -1- STANDARD TERMS AND CONDITIONS OLDEN PROFESSIONAL SERVICES, LP information or services as expeditiously as necessary for the orderly performance of the work. 6. Owner shall make decisions and carry out its other responsibilities in a timely manner. 7. During the Construction Phase, OPS shall not supervise, direct, or have control over Contractor's work nor shall OPS have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by Contractor for safety precautions and programs incident to the Contractor's work in progress, nor for any failure of Contractor to comply with laws and Regulations applicable to Contractor's furnishing and performing the work. 8. OPS neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform the work in accordance with the Contract Documents. 9. OPS shall not be responsible for the acts or omissions of any Contractor(s), subcontractor or supplier, or of any of the Contractor's agents or employees or any other persons (except OPS's own employees) at the Site or otherwise furnishing or performing any of the Contractor's work, or for any decision made on interpretations or clarifications of the Contract Documents given by Owner without consultation and advise of OPS. 10. OPS shall submit invoices for services rendered on a monthly basis. Invoices will be based upon OPS's reasonable estimate of the proportion of total services actually completed at the time of billing for lump sum fixed -fee services and, in the case of hourly services, the invoice will be based upon OPS's Standard Hourly Billing Rate and Fee Schedule (Exhibit "A "). Payments are payable to OPS within thirty (30) days from the date an invoice is submitted. Compensation for authorized additional work and reimbursable expenses as provide for in the Agreement will be charged as outlined in the attached "Standard Hourly Billing Rate and Fee Schedule" (Exhibit "A "). 11. SUSPENSION OF WORK: For any invoice outstanding for more than forty -five (45) days, OPS has the option to suspend all work specified under this Agreement until the account is brought current. Continued performance and/or completion of work by OPS under this Agreement is contingent upon payment of fees by the Owner. 12. OPS shall provide errors and omission insurance coverage in an amount not less than $1,000,000.00 with no more than a $100,000.00 deductible. The insurance policy will be maintained with an insurance carrier qualified to do business in the state where the project is located and prior to the commencement of services under this Agreement OPS agrees to provide a certificate of insurance to the Owner demonstrating such insurance. 13. OWNERSHIP AND USE OF DOCUMENTS: Drawings, Schedules and Specifications as instruments of services are and shall remain the sole and exclusive property of OPS whether -2- STANDARD TERMS AND CONDITIONS OLDEN PROFESSIONAL SERVICES, LP the Project for which they are prepared is executed or not. The Owner shall be permitted to retain copies, including reproducible copies, of Drawings, Schedules, and Specifications for information and reference in connection with the Owner's use and occupancy of the Project. The Owner shall retain the right to make copies of the drawings as required for use on this project. The Drawings, Schedules and Specifications shall not be used by the Owner on other projects, for additions to this Project, or (provided OPS is not in default under this Agreement) for completion of this Project by others, or published in any manner whatsoever, except by prior Agreement of OPS in writing with appropriate compensation to OPS. 14. ESTIMATES: As OPS has no control over construction costs or Contractors' prices, any construction cost estimates are made on the basis of OPS's experience and judgment as a design professional, but it cannot and does not warrant or guarantee that Contractor's proposals, bids or costs will not vary from its estimate. 15. OPS's ROLE DURING CONSTRUCTION: If this Agreement provides for any construction phase services by OPS, it is understood that the Contractor, not OPS, is responsible for construction of the Project, and that OPS is not responsible for the acts or omissions of any contractor, subcontractor or material supplier for safety programs or enforcement, or for construction means, methods, techniques, sequences, and procedures employed by the Contractor. 16. OPS's LIABILITY: NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY IN THE AGGREGATE OF OPS AND OPS'S OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AGENTS AND OPS'S CONSULTANTS, AND ANY OF THEM, TO OWNER AND ANYONE CLAIMING BY, THROUGH OR UNDER OWNER FOR ANY AND ALL CLAIMS, LOSSES, COSTS, OR DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM OR IN ANY WAY RELATED TO THE PROJECT OR THE AGREEMENT FROM ANY CAUSE OR CAUSES, INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE, PROFESSIONAL ERRORS OR OMISSIONS, STRICT LIABILITY OR BREACH OF CONTRACT, OR WARRANTY, EXPRESS OR IMPLIED, OF ENGINEER OR ENGINEER'S OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AGENTS OF OPS'S CONSULTANTS, OR ANY OF THEM (HEREINAFTER "OWNER'S CLAIMS ") SHALL NOT EXCEED THE TOTAL INSURANCE PROCEEDS PAID ON BEHALF OF OR TO OPS BY OPS'S INSURERS IN SETTLEMENT OR SATISFACTION OF OWNER'S CLAIMS UNDER THE TERMS AND CONDITIONS OF OPS'S INSURANCE POLICIES APPLICABLE THERETO (EXCLUDING FEES, COSTS AND EXPENSES OF INVESTIGATION, CLAIMS ADJUSTMENT, DEFENSE AND APPEAL). IF NO SUCH INSURANCE COVERAGE IS PROVIDED WITH RESPECT TO OWNER'S CLAIMS, THEN THE TOTAL LIABILITY, IN THE AGGREGATE, OF OPS AND OPS'S OFFICERS, -3- STANDARD TERMS AND CONDITIONS OLDEN PROFESSIONAL SERVICES, LP DIRECTORS, PARTNERS, EMPLOYEES, AGENTS AND OPS'S CONSULTANTS, AND ANY OF THEM, TO OWNER AND ANYONE CLAIMING BY, THROUGH OR UNDER OWNER FOR ANY AND ALL SUCH UNINSURED OWNER'S CLAIMS SHALL NOT EXCEED THE TOTAL COMPENSATION RECEIVED BY OPS UNDER THIS AGREEMENT. 17. NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, OPS AND OPS'S OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AGENTS AND OPS'S CONSULTANTS SHALL NOT BE LIABLE TO OWNER OR ANYONE CLAIMING BY, THROUGH OR UNDER OWNER FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM, OR IN ANY WAY RELATED TO THE PROJECT OR THE AGREEMENT FROM ANY CAUSE OR CAUSES, INCLUDING, BUT NOT LIMITED TO, ANY SUCH DAMAGES CAUSED BY THE NEGLIGENCE, PROFESSIONAL ERRORS OR OMISSIONS, STRICT LIABILITY OR BREACH OF CONTRACT OR WARRANTY, EXPRESS OR IMPLIED, OF OPS OR OPS'S OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AGENTS OR OPS'S CONSULTANTS, OR ANY OF THEM. 18. ARBITRATION: (a) This AGREEMENT is to be governed by the laws of the State of Texas. (b) All claims, counterclaims, disputes and other matters in question between the parties hereto arising out of or relating to this Agreement, or the breach thereof, will be decided by arbitration in accordance with Construction Industry Arbitration Rules of the American Arbitration Association. (c) The award rendered by the arbitrator(s) will be final. Judgment may be entered upon it and any judgment may be entered upon it in any court having jurisdiction thereof. (d) In the event of any arbitration concerning the rights or obligations of the parties to this Agreement, the prevailing party shall be entitled to recover actual attorneys' fees and costs. 19. MISCELLANEOUS: Neither party may assign its interest in this AGREEMENT to any other person without the express written consent of the other party. This Agreement constitutes the complete and sole Agreement between the parties with respect to the Project, and may be amended only by a written document signed by both parties. -4- STANDARD TERMS AND CONDITIONS OLDEN PROFESSIONAL SERVICES, LP